Notice & Comment

Notice & Comment

Notice & Comment

Standing for the New Plaintiffs in the CREW case

Back in January, a group of constitutional law scholars (working with Citizens for Responsibility and Ethics in Washington (CREW)) sued President Trump for violating the Emoluments Clause. In a previous post, I explained argued that those scholars did not have Article III standing because they had not alleged a cognizable injury in fact. Today, the […]

Notice & Comment

Was James Comey a Special Prosecutor?, by Thomas A. Barnico

Election losses bring calls for blame, and FBI Director James Comey has led the early returns. Critics continue to charge that the FBI committed errors in its investigation of Hillary Clinton and that those errors contributed to her defeat. The FBI, they argue, outran its legal writ, particularly in its summer release of its recommendation […]

Notice & Comment

Solum on The Case for Originalism

We published a number of blog posts on the Gorsuch Supreme Court confirmation hearing — at least with respect to Judge Gorsuch’s administrative law and separation of powers jurisprudence. In light of that coverage, I thought readers may be interested in a terrific series by Larry Solum, who testified at the confirmation hearing, entitled “The […]

Notice & Comment

Uncertainty (Still) Has Consequences – and Trump Knows It

This post was co-authored with Rachel Sachs, a professor at Washington University School of Law. It has been cross-posted at Take Care, a blog concerned with President Trump’s constitutional duty to take care to faithfully execute the law. Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he’s toying with the idea […]

Notice & Comment

Waivers and the future of repeal and replace

Over at National Review, Yuval Levin argues that a Republican consensus over repeal and replace might slowly be emerging: It now seems that the familiar debates about tax credits vs. deductions and even about spending levels aren’t exactly where the dividing lines are in the House conference. Rather, … the Freedom Caucus Republicans want to […]

Notice & Comment

George Mason Law Review–essays from the Transatlantic Forum

The inimitable Michael Greve hosts a stimulating conference with scholars and practitioners from both sides of the Atlantic, called (appropriately) the Transatlantic Law Forum. The George Mason Law Review just published some of the essays from the 8th of these conferences, with a intellectual and substantive diversity reflected in the essays. They include Mike’s introduction, […]

Notice & Comment

Too little, too late

In their latest amendment to the American Health Care Act, House Republicans have created something called an “invisible risk sharing program.” The amendment is befuddling. The invisible program is a minor tweak that won’t improve the AHCA’s dismal coverage numbers. It’s not even really a program. If there’s any prospect at all of salvaging Republican-style […]